Prasanta Bora vs. The Union Of INDIA And 2 Ors

WP(C)/2671/2023HC GauhatiGSTCNR GAHC01010318202312 August 2025Bench: HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI2 pages
AI SummaryDismissed

Held

The Court held that the writ petition was infructuous. This decision was based on the submission made by the petitioner's counsel that the grievance that led to the filing of the writ petition had been redressed during the pendency of the case. Consequently, the Court found no further necessity to proceed with the adjudication of the matter on its merits. The reasoning was purely procedural: once the underlying issue is resolved, the legal challenge becomes moot. The operative direction was to dismiss the writ petition as infructuous. No specific legal principles were established or applied, and no issues were expressly left undecided.

Facts

The petitioner, Prasanta Bora, filed a writ petition before the Gauhati High Court challenging an action or order by the GST authorities. The specific nature of the grievance, the tax period(s) involved, the authority that passed the order, and the amount in dispute are not explicitly detailed in the provided judgment. The procedural history indicates that the writ petition was filed and was pending before the Court. The petitioner's counsel submitted that the grievance has been redressed during the pendency of the writ petition.

Key Issues

The primary issue before the Court was whether the writ petition should be adjudicated on merits, given that the petitioner's grievance had allegedly been redressed during the pendency of the proceedings. The petitioner's counsel argued that since the grievance has been redressed, the writ petition has become infructuous. The respondent, represented by counsel for the Finance (Taxation) Department, was heard. No specific legal questions or provisions of the GST Act were explicitly debated or framed as issues in the judgment, as the matter was resolved on a procedural basis.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
Page No.# 1/2 GAHC010103182023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2671/2023 PRASANTA BORA S/O- LATE MADAN BORA, R/O VILLAGE- KACHALUKHOWA, P.O- NAGAON, K K ROAD, NAGAON , DIST- NAGAON, ASSAM VERSUS THE UNION OF INDIA AND 2 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF FINANCE, NEW DELHI-01. 2:THE STATE OF ASSAM REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF FINANCE DISPUR GHY-06. 3:THE SUPERINTENDENT GST NAGAON-1 NAGAON ZONE ASSAM DIST- NAGAON ASSA Advocate for the Petitioner : MR. B PHUKAN, MR P KALITA,MR. B PATHAK Advocate for the Respondent : DY.S.G.I., GA, ASSAM,SC, FINANCE Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

13-08-2025 Shri B. Phukan, learned counsel for the petitioner has submitted that during the pendency of this writ petition, the grievance of the petitioner has been redressed.

Also heard Shri H. Baruah, learned counsel appearing for the Fi

The judgment continues below.

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